IN THE CASE OF:	  

		BOARD DATE:	  7 April 2011

		DOCKET NUMBER:  AR20100024219 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show she was mobilized in support of Operation Enduring Freedom (Continental U.S. Army (CONUSA) Base Support) during the period 17 January 2003 to 16 January 2004.  She also requests award of a campaign medal for Operation Enduring Freedom.

2.  The applicant states:

* her DD Form 214 does not reflect mobilization support
* Reserve Soldiers are federalized and thus receive Federal service credit during mobilization

3.  The applicant provides:

* assignment orders
* unit mobilization orders
* DD Form 214
* retirement orders

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  Having prior active service in the Regular Army and inactive service in the U.S. Army Reserve, the applicant entered active duty on 29 August 1983 in an Active Guard Reserve status.  She served as a human resources specialist and personnel services specialist.  On 31 August 2006, she retired in the rank of master sergeant.

3.  Her DD Form 214 shows the Global War on Terrorism Service Medal (GWOTSM) as an authorized award among other awards.  Item 18 (Remarks) of her DD Form 214 does not show she was mobilized for Operation Enduring Freedom.

4.  She provided orders which show her Reserve unit was ordered to active duty on 17 January 2003 for a period of 12 months in support of Operation Enduring Freedom (CONUSA Base Support) per Title 10, U.S. Code, section 12302.

5.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  Paragraph 2-4(18)(f) states that for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession in item 18:

* "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)"
* "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"
* "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS"

6.  Army Regulation 600-8-22 (Military Awards) states the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal (GWOTEM), Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.

7.  Army Regulation 600-8-22 states the GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The regulation further states service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE or meet other specified criteria.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic AOE.

8.  Army Regulation 600-8-22 states the Afghanistan Campaign Medal is awarded to members who served in direct support of Operation Enduring Freedom.  The AOE encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of Operation Enduring Freedom.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows her Reserve unit was mobilized on 17 January 2003 for a period of 12 months in support of Operation Enduring Freedom (CONUSA Base Support) per Title 10, U.S. Code, section 12302.

2.  Although her unit did not deploy to a foreign country in support of Operation Enduring Freedom, it would appropriate to amend item 18 of her DD Form 214 to show she was ordered to active duty in support of Operation Enduring Freedom (CONUSA Base Support) and that she completed the period for which she was ordered to active duty for the purpose of post-service benefits and entitlements.

3.  Since her unit did not deploy abroad in support of Operation Enduring Freedom, she is not eligible for any awards or decorations for service in direct support of Operation Enduring Freedom.  She was awarded the GWOTSM for her participation in Global War on Terrorism operations outside of the designated AOE.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the entries "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION ENDURING FREEDOM (CONUSA BASE SUPPORT) PER 10 USC 12302" and "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS" to item 18 of her DD Form 214.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of a campaign medal for Operation Enduring Freedom.



      ____________X_____________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100024219



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ABCMR Record of Proceedings (cont)                                         AR20100024219



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